How to Restore your Status in Canada

Steps to How to Restore your Status in Canada

There are many foreign nationals who visit, work or study in Canada that often find that they want to stay longer in Canada for many reasons. The reasons may be that they have not accomplished everything they intended on doing in Canada and need to extend their stay. However, if they do not extend their stay before the expiry date on their authorized travel document or permit, then they will inevitably be under a restoration of their status. In this article, I will explain what restoration of temporary resident status means, the eligibility requirements for a restoration of status, how to apply for a restoration of status, and other important information about restoration of status.

What is a Restoration of Status

A restoration of status is essentially the same as a restoration of temporary resident status. As previously mentioned, if a visitor, worker or student has not applied to extend their stay prior to the expiration of their valid permit, then they have lost their status and may proceed to apply to reinstate or restore their status. This condition is in accordance with section 182 of the Immigration and Refugee Protection Regulations. Furthermore, this specific regulation under section 182 can only apply if the individual has not been out of status for more than 90 days (3 months). Additionally, they must ensure that they have abided by the conditions on their initial permit to Canada.

Eligibility Requirements for a Restoration of Status

There are several different eligibility requirements that one must abide by in order to restore your status in Canada. Below is a list of eligibility requirements.

In order to be eligible to restore your status in Canada, you must:

• Apply within 90 days (3 months) since the expiration of your status in Canada;
• Meet and maintain the initial requirements and condition of your stay;
• Not have failed to comply with any other condition of your stay (for ex: working without authorization);
• Meet the specified requirements of the class/category which you are currently applied to be restored as a temporary resident;
• Have lost their status due to failing to comply with any of the following conditions: – Paragraph R185(a) – The period authorized for their stay. – Subparagraphs R185(b)(i) to (iii) – The work that they are authorized to engage in, or are prohibited from engaging in, in Canada, including the type of work, employer and location. – Paragraph R185(c) – The studies that they are authorized to engage in, or are prohibited from engaging in, in Canada, including the type of studies/course, educational institution, location, and times/periods of studies.

It is very important to note that if an individual attempts to apply for restoration of status after leaving Canada, they will unfortunately have to apply for a new entry into Canada upon returning to Canada. This is because restoration of status cannot be granted at any port of entry in Canada.

Documents Needed for a Restoration of Status

There are certain requirements and documents that you must provide to Immigration in order to apply for a restoration of status. Keep in mind, when providing these documents and information, the requirements will be different depending on what type of restoration you are applying for. For instance, if you are applying for a restoration as a visitor, it will be different compared to applying for a restoration as a worker. Therefore, one must fill out and complete the appropriate forms based on the type of restoration you are applying for. Furthermore, there are certain documents that you need to provide in order to restore your status. In order to apply for a restoration of status, you must provide these required documents:

• Proof of payment of restoration fee ($200 CAD)

• Copies of passport pages

• Copy of your travel or identity document (such as a birth certificate) if you did not use a passport to enter Canada

• Copy of your current immigration document (visit, work or study permit)

• Copy of your marriage certificate or license (if applicable)
• Evidence of financial means of support for your extended duration in Canada

Different Restoration Scenarios

There are different restoration scenarios that can occur and it is extremely important that you are aware of whether or not you can apply for a restoration of status prior to actually applying. At Akrami & Associates, we can definitely advise you whether you can do so or not. Moreover, I will include different restoration scenarios for your reference as well.

For instance, a foreign student that still has valid status in Canada may apply for a work permit in Canada under certain conditions. Furthermore, a foreign student may apply for a work permit when restoring their status. Similarly, a temporary foreign worker that still has valid status in Canada may apply for a study permit under certain conditions. They may also apply for a study permit when restoring their status. Lastly, a temporary resident that is currently eligible to apply for a work or study permit would be able to do so when restoring their status in Canada.

Keep in mind, the individual must still prove to the Immigration officer that they are genuinely a temporary resident and must meet all eligibility requirements, prior to applying for a restoration or any other permit to enter and/or remain in Canada.

Contact Akrami & Associates

If you wish to apply for a restoration of status, we can help you with this process. Much like any other immigration application, a restoration of status application process can become overwhelming if done alone; therefore, it is highly recommended that you seek out professional and experienced help before attempting to apply. Here, at Akrami & Associates, we work and have experience with many different immigration issues. We have helped many of our clients restore their status in Canada and continue their stay. If you believe that you might be eligible, please feel free to contact Akrami & Associates at our office at 416-477-2545 for more information or if you would like to book a consultation with an immigration professional for more advise.

With Akrami & Associates, there is always a way!